Sec. 07.02.13.08. Reporting the Results of a Search

A. The confidential intermediary shall submit to the Director a report of the findings within 90 days of the execution of a service agreement.

B. Results.

(1) If an individual contacted by the confidential intermediary consents to the disclosure of specified information:

(a) The confidential intermediary shall obtain a consent form from the individual that specifies the nature of the information to be disclosed;

(b) The information shall be disclosed to the registrant who applied for search, contact, and reunion services;

(c) The confidential intermediary shall:

(i) Disclose the information authorized by the consent form; and

(ii) Facilitate contact and reunion between the parties; and

(d) The confidential intermediary may facilitate a reunion between the adoptee and birth family members if the birth mother or the birth father do not wish contact but agree by notarized affidavit that their birth relatives may be contacted by the confidential intermediary.

(2) If the individual contacted by the confidential intermediary does not consent to the disclosure of information:

(a) The confidential intermediary may not disclose any identifying information concerning the individual contacted;

(b) The confidential intermediary shall refrain from further and subsequent inquiry with the individual contacted;

(c) The confidential intermediary shall report the refusal to the registrant who applied for search, contact, and reunion services; and

(d) The confidential intermediary shall provide all nonidentifying heritage and health information contained in the agency record and obtained from contact with the birth family or adoptee.

(3) If the individual sought by the confidential intermediary is not found within the period specified in the service agreement, the confidential intermediary shall file a report with the Director indicating all efforts to locate the individual including the following:

(a) Network clearances accessed by the confidential intermediary;

(b) Results of contacts with other agencies to determine the individual's identity or whereabouts; and

(c) All other efforts to locate the individual.

(4) If the individual sought by a confidential intermediary is deceased, the confidential intermediary shall indicate in the report whether any relatives or members of the adoptive family were contacted and whether those individuals consent to disclosure of information and:

(a) The confidential intermediary may not disclose the identity of the deceased to the individual who applied for search, contact, and reunion services;

(b) The confidential intermediary shall report that the individual sought is deceased to the registrant for the services;

(c) If the deceased individual is a biological parent, the confidential intermediary may, with the consent of the registrant, attempt to contact a relative who is 21 years old or older to assess the willingness of the relative to communicate or exchange information;

(d) If the deceased individual is an adoptee, the confidential intermediary may, with the consent of the registrant, attempt to contact a member of the adoptive family who is 21 years old or older to assess the willingness of the member of the adoptive family to communicate or exchange information;

(e) If the registrant consents to contacting a relative or member of the adoptive family, the registrant shall execute another written agreement with the confidential intermediary concerning the provision of search, contact, and reunion services;

(f) The confidential intermediary may charge the individual a reasonable fee for the additional search, contact, and reunion services as described above;

(g) The overall amount of fees collected may not exceed the costs of providing the services; and

(h) The confidential intermediary shall promptly:

(i) File the executed agreement with the Director; and

(ii) Attempt to contact the relative or member of the adoptive family sought by the registrant.